2025:UHC:5934 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 1147 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Tarun Prakash Takuli, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Mr. Sandeep Adhikari, learned counsel for the complainant. 4. The present applicant ‘Girish Kumar’ S/o Late Mohan Ram is praying for bail in relation to First Information Report dated 21.04.2025 bearing FIR No. 0009 of 2025 P.S. Lamgara, District Almora, wherein, the present applicant has been implicated for the offences punishable under Section 64 of BNS r/w Section 5/6 of POCSO Act. 5. The parties are present in court. The elder brother of the applicant is identified by the learned counsel for the applicant Mr. Tarun Prakash Takuli and the victim and the victim’s mother are also identified through their Aadhar card by Mr. Sandeep Adhikari, learned counsel for the complainant. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and in fact the applicant was in love with the victim. He further submits that in fact the applicant’s parents died and there is an elder brother in the family, who lookafter the entire family as well as the applicant and the applicant is agreed to marry with the victim. 7. To examine this issue, the State was directed to get instructions and inform the mother of the victim so that she may join through V.C. whether they are also agreed for this marriage. 8. Today, Mr. Sandeep Adhikari, who appears on behalf of the complainant and the complainant and the victim are also present in court, who are identified by their respective counsel. Mr. Sandeep Adhikari on instructions from the complainant and the victim submits that the complainant mother of the victim and the victim, who at 2025:UHC:5934 present is major and aged about 19 years are also agreed for the marriage with the applicant. 9. Learned Brief Holder Mr. Himanshu Sain have not disputed the fact about the love in between the applicant and the victim and furthermore he also fairly submits that both the applicant and the victim at the time of the incident were at a tender age since the victim’s age was less than 18 years and the applicant was also at about 19 years. He also submits that if they are agreed for their marriage then in such an eventuality there is no purpose for detaining the applicant in custody. 10. After hearing the arguments of learned counsel for the parties and further taking into consideration since the members of both the families are agreed for the marriage of the applicant and the victim and the complainant are also present in court along with the elder brother of the applicant and they also stated before this court that they are ready for their marriage, this court is of the view that the applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 12. Let the applicant ‘Girish Kumar’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 09.07.2025 PR 2025:UHC:5934